Item K3 K.3
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
March 22, 2023
Agenda Item Number: K.3
Agenda Item Summary #11797
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
n/a
AGENDA ITEM WORDING: Consideration of a Request for Approval of a Resolution Setting
the Time, Date, and Place for a Public Hearing to Consider an Application from Michelle Espinosa
on Behalf Of Romy Properties, LLC, a For-Profit Limited Liability Company, for the Monroe
County Board of County Commissioners to Voluntarily Renounce, Vacate, and Abandon a Portion
of the Santa Anita Lane Public Right-of-Way, As Shown On the Key Largo Plat of Cross Key
Waterway Estates Section Three, Plat Book 6, Page 61, of the Official Records of Monroe County,
Florida.
ITEM BACKGROUND:
On April 28, 2022, the Monroe County Planning and Environmental Resources Department
("Department") received an application from Michelle Espinosa, on behalf of Romy Properties, LLC
(the "applicant"), a for-profit limited liability company, requesting for the Monroe County Board of
County Commissioners ("BOCC, "Monroe County", or the "County") to approve a resolution
voluntarily renouncing, vacating, and abandoning a portion of the public right-of-way located on
Santa Anita Lane in Key Largo (approximate mile marker 103).
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Location of Application within Key Largo (Approximate Mile Marker 103)
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The applicant is requesting the abandonment of the southern portion of the public right-of-way of
Santa Anita Lane. The applicant owns Lots 11 and 12 which abut the easterly portion of the portion
of the right-of-way it is requesting abandonment of in its favor.
The reason the applicant's requested for this portion of the existing public-right-of-way to be
abandoned in its favor is to gain property /land square footage for residential development.
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The following figures show the division of the requested public right-of-way abandonment between
adjacent property owners:
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Applicants' Portion Adjacent Affected Owner Portion
The application has been reviewed by Department professional staff and all utilities and relevant
parties have indicated no objection so long as the following conditions are met:
Florida Keys Electric Cooperative (FKEC)
• Letter of Coordination dated February 15, 2022.
• FKEC has no objection to petition. No utility easement or relocation required.
Key Largo Wastewater Treatment District(KL WID)
• Letter of Coordination dated September 27, 2022.
• KLWTD has no objections to the petition with the condition that Romy
Properties, LLC, provides a utility easement. A Grant of Easement, signed by
Romy Properties, LLC, and dated October 3, 2022, was submitted to the
Department. A fully executed and recorded copy of the easement will be required
within 30 days of approval if the application is approved, otherwise the right-of-
way shall, after the 3 01h day, automatically revert back to the Monroe County
BOCC.
AT&T
Packet Pg. 2792
K.3
• Letter of Coordination dated March 25, 2022.
• AT&T has no objection to petition. No utility easement or relocation required.
Comcast
• Letter of Coordination dated March 23, 2022.
• Comcast has no objection to petition. No utility easement or relocation required.
Florida Keys Aqueduct Authority (FKAA)
• Letter of Coordination dated April 19, 2022.
• The FKAA Board has no objection to the petition and the customer has agreed to
grant FKAA an easement for its facilities located within the area of requested
abandonment. A fully executed and recorded copy of the easement will be
required within 30 days of approval if the application is approved, otherwise the
right-of-way shall, after the 301h day, automatically revert back to the Monroe
County BOCC.
Monroe County Fire Marshal
• Letter of Coordination dated April 6, 2022.
• The Monroe County Fire Marshal's Office has no objection to the petition with the
condition that Romy Properties, LLC, provides an easement satisfactory and
approved by the Monroe County Fire Marshal's Office, to be recorded in the land
records maintained by the Monroe County Clerk of Court's Office. Furthermore,
the easement shall include conditions to maintain the current road width and length
for emergency vehicle turnaround,the easement shall not be fenced, gated or blocked
in any way, it shall be designated with signage as No Parking/Fire Lane, and shall
never be built upon.
• A Grant of Easement, signed by Romy Properties, LLC and dated December 22,
2022, was submitted to the County. An additional Grant of Easement, signed by
Mr. & Mrs. Kummer and Mr. and Mrs. Blunt, dated December 22, 2022, was
submitted to the County. The executed easements will be recorded with the
approval, if approved.
Monroe County Code Compliance
• Letter of Coordination dated June 24, 2022.
• The Monroe County Code Compliance Department has no objection to the
subject application/proposed road abandonment at this time.
Monroe County Sheriff's Office
Packet Pg. 2793
K.3
• Letter of Coordination dated March 1, 2022.
• The Monroe County Sheriff's Office has no objections at this time.
Monroe County Engineering Department
• Letter of Coordination dated May 24, 2022.
• The Monroe County Engineering Department has no objections to the proposed
road abandonment at this time.
Pursuant to Monroe County Code of Ordinances Section 19-1(d), all right-of-way abandonments
shall comply with Monroe County Code(s) and standard engineering requirements for road, turn-
around and fire-rescue access. If required for safety purposes, as determined by either Fire Marshal
or the County Engineer, a dedicated turn-around area shall be shown on the submitted survey and
shall be agreed to in writing and constructed with payment by the property owner(s) requesting
abandonment. A T-turnaround is required by Monroe County Fire Marshal and the Monroe County
Engineering Services Office.
• The Fire Marshal did not require a turn-around area to be constructed, however,
an easement is required per the letter dated April 6, 2022.
• The Monroe County Engineering Department did not require a turn-around area.
Accordingly, the professional staff have found that the proposed public right-of-way abandonment
meets the criteria of Monroe County Code of Ordinances Section 19-1 and recommends approval of
a Resolution setting a public hearing for April 19, 2023, at the Marathon Government Center,
2798 Overseas Highway, Marathon, Monroe County, Florida.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of the subject request to advertise and set a public
hearing for April 19, 2023, at the Marathon Government Center, 2798 Overseas Highway, Marathon,
Monroe County, Florida.
DOCUMENTATION:
Reso_Set Hearing
2022-077 Recvd 01.18.23 Combined Surveys
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FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 03/06/2023 3:37 PM
Peter Morris Completed 03/07/2023 1:58 PM
Purchasing Completed 03/07/2023 2:14 PM
Budget and Finance Completed 03/07/2023 2:25 PM
Brian Bradley Completed 03/07/2023 2:31 PM
Lindsey Ballard Completed 03/07/2023 2:46 PM
Board of County Commissioners Pending 03/22/2023 9:00 AM
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3 RESOLUTION NO. -2023
4
5 A RESOLUTION SETTING THE DATE,TIME,AND PLACE
6 FOR A PUBLIC HEARING CONCERNING THE
7 PROPOSED ABANDONMENT OF A PORTION OF THE
8 PUBLIC RIGHT-OF-WAY SITUATED AT,ABOUT, OR ON CN
9 SANTA ANITA LANE, AS SHOWN ON THE PLAT OF
10 CROSS KEY WATERWAY ESTATES SECTION THREE,
11 PLAT BOOK 6, PAGE 61, BOUNDED ON THE NORTH BY
12 SANTA ANITA LANE; BOUNDED ON THE WEST AND
13 SOUTH BY BLOCK 7, LOT 10; AND BOUNDED ON THE
14 EAST BY BLOCK 7, LOTS 11 & 12, SECTION 14, ai
15 TOWNSHIP 61 SOUTH, RANGE 39 EAST, KEY LARGO,
16 MONROE COUNTY,FLORIDA.
17
18 WHEREAS, an application was filed by Michelle Espinosa, requesting for the Monroe County
19 Board of County Commissioners ("Monroe County" or the "County")to vacate and abandon a portion of
20 Monroe County's right-of-way situated as more particularly described below; and
21
22 WHEREAS,under the Monroe County Code and Florida Statutes Chapter 336, it is necessary to
23 hold a public hearing for Monroe County Board of County Commissioners to publicly consider renouncing a
24 its rights to the instant Monroe County right-of-way after publishing due notice of said hearing in a
25 accordance with said Chapter; and
26
27 WHEREAS,the Monroe County Board of County Commissioners desires to hold apublic hearing
28 to decide whether to vacate said portion of Monroe County's public right-of-way;
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
32
33 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully n
34 set forth herein. 0I
35
36 Section 2. The Board of County Commissioners of Monroe County, Florida, will hold a
37 public hearing on April 19, 2023, at the Marathon Government Center, 2798 Overseas Highway,
38 Marathon, Monroe County, Florida, to determine whether or not to vacate the above-referenced and E
39 more particularly described below right-of-way held by Monroe County, more particularly described as
40 follows,to wit: <
41
42 THE PUBLIC RIGHT OF WAY DESCRIBED AS:
43
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A IONI OF RNGHT-OF-WAY BFflNG FAST OF AND ADJAUN170 THF
I'fl-Y LN[: UF L("Y"I 10, BLOCK'. 7 AND WE-S'VOF� AND ADJAU N-1 F(l),
TFEWES FE RLYU NE OF ..0"T'S 11,12, BLOC K 7 "CROSS IK EY WATERWAY
TVIEREOF : AS FSTATFS '110rl T1 �,R[ E ", ACCOFUN(:`� TO I 1-1E FlUO
RECORDED INl PLAT BOOK 6, AT PAGE 61, OF THE PUBUG RECORDS,
OF MOT ROF COHNTY, FLORIDA BEING MORF f-'1AF00-JLN-'41-'(
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FOR 27,77 FEEF TO THE F)0 N F (")F BEUNNR,X3. CONTAININ(`i 1785 Q
3 Section 3. Construction and Interpretation'. This resolution and its interpretation shall be
4 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
5 policy(les) of the County. The construction and interpretation of this resolution and all Monroe County �
6 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s)
7 provision(s)whose interpretation arises out of,relates to,or is interpreted in connection with this resolution
8 shall be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
9 policy(les) of the County, and shall be deferred in favor of the BOCC and such construction and
10 interpretation shall be entitled to great weight in adversarial administrative proceedings,at trial,bankruptcy,
and on appeal.
13 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed
14 to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and
15 any other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, E
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or liability. 0
18 Section 5. Severability. If any provision of this resolution, or any part or portion thereof, is
19 held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction,
20 the invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor
0
21 impair the operation, enforceability, or validity of any other provision of this resolution, or any remaining
22 part(s) or portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s)
23 thereof, shall continue unimpaired in full force and effect.
26 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, as
27 at a regular meeting of the Board held on the 22 d day of March 2023.
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28
29
30 Mayor Craig Cates E
31 Mayor Pro Tem Holly Merrill Raschein
32 Commissioner Michelle Lincoln
33 Commissioner James K. Scholl
34 Commissioner David Rice
35
36
37
38
39
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Packet Pg. 2797
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I BOARD OF COUNTY COMMISSIONERS
2 OF MONROE COUNTY, FLORIDA
3
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5 BY:
6 (SEAL) MAYOR CRAIG CATES
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8 ATTEST: KEVIN MADOK, CLERK POr: COUNTY ATTORNEY
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SPECIFIC PURPOSE SKETCH
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SECTION THREE",ACCORDING 10 THE PLAT THEREOF,AS RECORDED IN RESIDENCE NO. 610
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BEGIN AT THE NORTHWESI'CORNER OF LOI 12 BLOCK 7 OF SAID PLAT,
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LARGO, FLORIDA33037 SIGNATURE AND TH ORIGINAL RAISED S AL OF A LICENSE SURVEYOR AND
S-1 4579A DATE: 11-22-2022 MAPPER.
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SPECIFIC PURPOSE SKETCH
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A PORTION OF RIGHT-OF-WAY BEING EAST OF AND ADJACENT TO THE
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EASTERLY LINE OF LOT 10,BLOCK 7 'CROSS KEY WATERWAY ESTATES
SECTION THREE%ACCORDING TO THE PLAT THEREOF,AS RECORDED IN RESIDENCE O. 610
PLAT BOOK 6,AT PAGE 61,OF THE PUBLIC RECORDS,OF MONROE
COUNTY,FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS "CROSS KEY WATERWAY
COMMENCE AT THE NORTHWEST CORNER OF LOT 12 BLOCK 7 OF SAID ESTATES
PLAT THENCE S GOID900"E.FOR 71.05 FEET,THENCE 8.88'5931w FOR
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FEET,THENCE N 00 OGDGW FOR 59.51 FEET TO A POINT"OF CURVAI URE, Lot 10, Bloch 7
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HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET,A CENTRAL ANGLE OF
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